You are pregnant and probably happy! It seems that the whole world should rejoice with you. However, there is one person who is unlikely to like the news of your pregnancy. This is your employer. And the worst way he can express his dissatisfaction is by offering to quit. Do not be afraid. The situation is unpleasant, but everything is not as bad as it seems.

The site for mothers will tell you about whether it is legal to be fired during pregnancy and what you need to do if they try to fire you.

The law protects pregnant women

The first thing you need to remember is that the law is on your side. The labor relations of the employer with the pregnant employee are regulated by the Labor Code of the Russian Federation, which states the following:

1. A pregnant woman can be fired only for one reason - in the event of the liquidation of the enterprise. In all other cases, the dismissal will be illegal and can be challenged in court.
2. If a woman is on probation, the employer is obliged to register her on the usual basis after the pregnancy is reported. The law does not allow setting a probationary period for pregnant women.

If the contract with the employer has ended

Anything happens in life. You may have worked on a fixed-term contract that ended during your pregnancy. Are you going to be out of work? In no case! Here is what the law says about the end of the contract during the pregnancy of an employee:

• It does not matter at what point the contract expires: when the woman is still working or when she has already gone on maternity leave. In any case, the employer is obliged to renew the contract and pay the woman all benefits due to her.
• If mom has already gone on maternity leave by the time the contract expires, Article 81 of the Labor Code comes into effect. According to this article, the employer must renew the contract until the end of the maternity leave.
• At the end of the maternity leave, the employer has the right to fire the woman. At the same time, he is obliged, in accordance with article 79 of the Labor Code, to warn her about dismissal within three days.
• There are only two legitimate reasons for terminating the contract. We have already mentioned the first one. This is the liquidation of the enterprise. The second reason is if the expectant mother herself does not want to renew the contract.

Some employers, realizing that the refusal to extend the contract can be challenged in court, offer a woman to write a statement of her own free will. Sometimes a pregnant worker is put under considerable pressure. The employer can give a variety of arguments, say that you are not doing well enough or that your qualifications do not correspond to the position you hold.

In no case do not take his words seriously and do not succumb to provocations! If in doubt, remember that before the start of pregnancy, the employer was probably satisfied with your qualifications and the quality of your work.

In the event that the pressure becomes too strong, it is worth warning that you will contact the office of the federal labor inspectorate. It is unlikely that an employer wants to write long explanations, blush like a boy at meetings of the labor dispute committee and pay heavy fines for violating labor laws.

The only thing that you should not do under any circumstances is to write a letter of resignation of your own free will. Subsequently, it will be almost impossible to prove that the statement was written under duress.

The most unprotected women feel themselves who have not been able to conclude an agreement with an employer. Often they do not even try to defend their rights, believing that they certainly are not entitled to anything. And completely in vain!

According to the law, a person is considered to be employed from the day he first went to work, even if the employer refused to conclude a contract. True, in this case, the fact of employment will have to be proven. If you are pregnant, work, but the employer refuses to employ you officially, you need to contact the labor department. It is advisable to bring witnesses with you who can confirm your words.

Most employers, for all their shortcomings, are practical and sane people. An employee's pregnancy is a problem for the employer. You have to draw up documents and look for a replacement for a woman during her maternity leave. But these troubles are negligible compared to the worries that the employer will have when accused of violating labor laws.

Fired! What to do?

What if you got fired during pregnancy? There are two ways to solve the problem:

1. You can contact the department of the federal labor inspectorate (labor department), an influential organization that successfully resolves a significant part of labor conflicts.
2. If the labor department could not solve your problem - do not hesitate, rather go to court. It is necessary to submit an application for illegal dismissal within a month from the date of receipt of the work record book or delivery of a copy of the dismissal order.

The law gives a pregnant woman virtually unlimited rights vis-à-vis her employer. You can be late, you can work half-heartedly, you can be rude to your bosses.

You cannot be fired during pregnancy, no matter what you do. Don't abuse your rights. Remember: the child will be born, grow up, and someday you will have to go to work again. It is necessary to protect your rights. It is unwise to abuse these rights.

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Question: Hello!
At work, I was fired for the reduction of the sixth, and on the ninth I found out that I was pregnant. It is clear that when I signed the order for my dismissal, neither I nor the boss knew that I was pregnant. But I read that you cannot fire a pregnant woman on redundancy. Tell me, can you do something now and get back to work? Or it's too late.
Olga, St. Petersburg

Answer:Hello Olga!
In accordance with Art. 261 of the Labor Code of the Russian Federation, termination of an employment contract with a pregnant woman due to redundancy is illegal. Moreover, the illegality of this action does not depend on whether the employer and the employee knew about the pregnancy or did not. The very fact that the woman was pregnant at the time of her dismissal makes her dismissal illegal. The employer's ignorance affects only the amount of his property liability.

Therefore, now you need to submit an application to the employer with a request for reinstatement at work. In this application, you must describe that at the time of dismissal you were already pregnant, and therefore dismissal is unacceptable. The application must be accompanied by medical documents confirming the state of pregnancy on the date of dismissal. If the employer refuses or does not react in any way before the 5th day of the month following the dismissal, then you need to file a claim for reinstatement at work, since the 6th is the last day (a claim for reinstatement is filed within a month from the date of dismissal) ...
Respectfully,
Labor lawyer, St. Petersburg
Legal company "Aimright"

Our company provides professional.

go to the section - non-payment of maternity money
withholding income from a single mother
can i be cut if i'm pregnant?

Hello, please tell me what to do. I have been working in the company (LLC) for almost 5 years, at the moment I am pregnant already at the fifth month, until that time the director behaved normally (he found out about my pregnancy at the 2nd month). Now he accuses me of stealing money from the cash register that I keep (there is no cash register), although everything fits there, he accuses me for no reason, brings me to great stress, threatens to be fired under the article if I do not write a statement myself that I will follow if I’m late, if I’m even a minute late, I’ll dismiss, etc. Tell me what to do, and for what it is possible to fire a pregnant woman (under what article?).

call me on mobile

Hello. My name is Elena. A week ago, I found out that I was pregnant. I have been working in this organization for 1 year and five months. I am going to inform my superiors about my situation in the near future. But I'm afraid that this threatens me with dismissal, tk. quite recently such a case took place. I know that according to the Labor Code, it is impossible to fire a pregnant woman, but I would like to clarify whether this applies only to state institutions or to everyone? I work for an LLC. Answer, please, I will be very grateful, tk. I absolutely do not want to quit. And yet, are I obliged to let go of work in the future, I will say right away that I am not going to philonite for the tests, I will honestly work in the situation, but it also takes time to visit the doctor ..

THIS APPLIES TO EVERYONE, THE LAW FOR EVERYONE!

And in what locality do you live, by the way, excuse my curiosity?

I came to work on a probationary period of 3 to three months. After working for 2 months, I found out that I was 3 months pregnant! I was hired by order with an employment contract. And the work book was lost at the previous job, tk. the organization has either moved to another location, or does not exist at all! Upon learning about my pregnancy, they began to load me in large volumes and hint at being fired of my own free will! I began to get nervous, which reflected very badly on my pregnancy, I had a headache and a stomach ache. Also, I would not like to lose my seniority. Please help me figure it out! What legislative acts can protect my rights?

See a doctor, complain about feeling unwell, go on sick leave and rest. They will not dare to fire a pregnant woman.

I'm taking a new job. Probationary period 3 months.

dismissal of a pregnant woman and the rights of pregnant women

I am pregnant ... Now the term is still small and nothing is visible, but after a couple of months it will not be possible to hide this fact. I understand that this is not very decent in relation to the employer. But I really need a job. I broke up with my husband, quit my old job. I wanted to start life from a blank sheet. Only later did I find out that I was in position. I still have not had children, pregnancy is very desirable. But I can only count on myself. I am very worried if they can fire me after learning that I am pregnant?

On the contrary. They will not be able to.

Good day! For a year I have been working as an advertising sales manager for a magazine. The salary, which consists of a salary plus official interest, vacation and sick leave is paid not according to the average earnings, but from the salary. Tell me, is it legal? and the second question: after working for 1 year and 2 months, I was going to quit, I haven’t written my application yet, but just recently I found out that I’m pregnant and naturally changed my mind, the period is less than 4 weeks, I don’t want to advertise this, I just told the manager, that she changed her mind. They began to threaten me with dismissal due to non-fulfillment of the sales plan. Tell me, how can I be in this case?

Formally notify your employer that you are pregnant as soon as possible.

Send me a scanned copy of the medical certificate (stating that you are pregnant) by mail, and I will send it to your employer in a valuable letter with an inventory of the attachment and return receipt and with the attachment of a cover letter on the letterhead of your law firm - JUDICIAL CENTER, at the same time I will explain to him all criminal law consequences of the dismissal of a pregnant woman. Then we'll see how this su ... bad person will still threaten.

I got a job with a probation period of 3 months: a 5-day work week from 8 to 17. After working for 1 month, I found out that I was in the fourth month of pregnancy. The authorities, having learned that I am in a position, threaten to fire me as failure to pass the probationary period. How can I get a pregnancy certificate now if my doctor works until 14.00? Will I be released from work for half a day and what could be a good reason? I'm not registered yet.

Call an ambulance from work, tell them that your head is spinning, your eyes are dark, your stomach hurts, your legs and lower back are tight, you shoot in your ear and feel sick, and you feel so bad that you cannot even get to the house on your own. After that, calmly lie down on the floor and wait for the arrival of the "carriage". And then - as in the song by Vysotsky: "A tractor came, and there was a cable, and there was a doctor")))

Hello! In December last year, I got a new job with a trial period of 1 month. I recently found out that I am pregnant. I want to give birth, but I'm afraid that the management will not like it and they will fire me under any pretext. Can I, now, before they find out, some insurance? How can I be in this situation? Thank.

Let's start with the fact that you probably do not have a single document confirming that you work there. Rather than dismissing you "under any pretext", it's easier to just pretend that you didn't work. Therefore, to begin with, ask the HR department for a certified copy of the work record book and ask them to sign the application you filled out for issuing a passport. And then you can inform the employer about your pregnancy. And at the same time, remind him that the unjustified dismissal of a pregnant woman or a woman with children under the age of three is a crime under Article 145 of the Criminal Code of the Russian Federation.

Thank you for your reply. Is it possible to replace an application for a passport with some other document? Thank.

I do not even know. It seems to me that in this situation this is the most convenient way of pre-trial obtaining evidence, which should not alert the employer (the future defendant in court) in any way.

Hello. I have a question, I'm pregnant, I work, it's time to go on maternity leave. My director tells me that I will not be paid for pregnancy benefits and I should not count on maternity benefits, I got a job according to my work book and I was paid for sick leave before, but now they do not pay, they come up with all sorts of excuses. Where can I go for help and what documents do I need? Thank.

Anyuta! Firing a pregnant woman is a criminal offense! Can you tell me, please, where do you work?

An employee dismissed by agreement of the parties (clause 1 of part 1 of article 77 of the Labor Code of the Russian Federation) appealed this in court.

She indicated that during the procedure for agreeing the terms of the agreement on termination of the employment contract, psychological pressure was exerted on her by the management, since the employer, in fact carrying out the reduction procedure, refused to pay severance pay.

After lengthy e-mails and telephone conversations, the company agreed to pay her a severance pay of one salary.

After signing the agreement to terminate the employment contract, she found out that she was pregnant, which she informed her employer about by e-mail. However, the HR director demanded a pregnancy certificate.

I found out that I was pregnant after being fired

The certificate was received and handed over to the employer along with the application for reinstatement at work. However, the application was not satisfied.

The court found that:

• On October 16, 2014, the dismissal took place by agreement of the parties;
• On November 13, 2014, the citizen was issued a certificate of pregnancy for a period of 9 weeks for presentation at the place of work;
• On November 21, 2014, she wrote a letter to the CEO for reinstatement due to pregnancy at the time of her dismissal.

The first instance decided that there were no grounds for reinstatement, since the agreement was signed by the parties in compliance with the current labor legislation and on the basis of their mutual expression of will, that is, the dismissal procedure was followed.

However, the Moscow City Court did not agree with this.

The judges on appeal indicated that in accordance with Art. 261 of the Labor Code of the Russian Federation, termination of an employment contract at the initiative of the employer with a pregnant woman is not allowed, except in cases of liquidation of the organization.

According to clause 25 of the Resolution of the Plenum of the Armed Forces of the Russian Federation of 01.28.2014 No. 1, given that the dismissal of a pregnant woman at the initiative of the employer is prohibited, the employer's lack of information about her pregnancy is not a reason for refusing to satisfy the claim for reinstatement at work.

The protection of pregnancy, including through the establishment of guarantees for pregnant women in the world of work, according to the International Labor Organization Convention No. 183 is a shared responsibility of governments and organizations.

Within the meaning of these norms, the statement of a citizen about the refusal to fulfill the agreement reached with the employer to terminate the employment contract due to her pregnancy, which she did not know about at that time, indicates that the agreement of the parties to terminate the employment contract cannot be preserved his action due to the absence of the will of the employee.

Otherwise, in fact, the termination of the employment contract takes place not by agreement of the parties, but at the initiative of the employer in violation of the prohibition provided for in part one of Art. 261 of the Labor Code of the Russian Federation.

In addition, the conclusion of the district court that the plaintiff missed the one-month time limit for going to court (Article 392 of the Labor Code of the Russian Federation), given that the plaintiff was notified of the dismissal on 10/16/2014, and applied to the court on 02/11/2015, is correct. However, the term was missed for a good reason, since the defendant was delaying the terms of consideration of the application of the dismissed lady in connection with the need to verify the authenticity of the pregnancy certificate. In addition, in support of the application for the restoration of the term of appeal to the court, the plaintiff referred to poor health in connection with the pregnancy.

The decision of the district court was canceled, and a new decision was made: to reinstate the plaintiff at work, to recover from the organization the salary for the time of the forced absence and compensation for moral damage.

APPEAL DETERMINATION of the Moscow City Court dated February 28, 2017 No. 33-6369 / 2017

The document is included in the ATP "Consultant Plus"

It so happened that in Russia a pregnant woman is a “steadfast tin soldier”.

She is concerned not only with the fact that she is rapidly gaining weight, that it is uncomfortable to sleep, but also with the question of whether it is possible to fire a pregnant woman, as far as possible, and under what articles of the Labor Code.

Let's try to analyze the opinions of legislators and compare them with the point of view of the owners of firms and enterprises.

Can a pregnant woman be fired? In what cases is it possible?

Every employer should understand for himself that the expectant mother is practically an untouchable worker. It should not be threatened with staff reductions, department reorganization, or company mergers. On the contrary, the owner of the enterprise is obliged to transfer the future woman in labor to light work, not to burden with tasks, to allow rational use of the rest time. All this takes place subject to the established salary, job additions and the amount of bonuses.

The only problem in the fate of the "newly-made mothers" is the complete liquidation of the enterprise due to bankruptcy. You can't argue whether it is possible to fire a pregnant woman or not. If a bankrupt employer observes several formalities, then the law is on his side. This includes:

1) written notification of all employees of the institution, without exception, 2 months before the expected date of liquidation (closure) of the company;

2) preservation of all previously recorded severance payments;

3) payment of the certificate of incapacity for work, if it is presented.

When the record of the termination of the existence of the enterprise appears in the Unified State Register of Legal Entities, then the pregnant employee will be considered dismissed under Article 81 of the Labor Code and receives the status of an unemployed citizen. After that, further parental leave and child benefits are accrued and paid at the minimum amount.

Another case when the situation, whether it is possible to fire a pregnant woman, is interpreted ambiguously: a woman is employed at a temporary rate (for the period of absence of a permanent employee). In this situation, she becomes vulnerable, and her duties include vigilance and notifying the head of the company about her future intentions. Firstly, she is required to present a certificate from an obstetrician-gynecologist about the state of the current pregnancy every three months. Secondly, women are encouraged to inform in writing about their desire to work until the baby is born. Under these conditions, the place is reserved for her.

How to behave if an employee, in whose place a woman with a small or already big tummy works, has recovered by a court decision? There is nothing to be done, if there are no vacancies, then you have to accept your defeat.

Can a pregnant woman be fired? In what cases is it impossible?

Labor law provides for many objective reasons for the dismissal of ordinary employees. These are violations of labor discipline, absenteeism, conflict of interest, theft of the organization's property, disclosure of personal data. Is it possible to fire a pregnant woman for a long absence from the workplace or other similar offense? Obviously not. The chief is only allowed to declare a disciplinary penalty, issue an order to reprimand and reduce the bonus. However, if a woman can prove that she spent hours of absence in the clinic, in the ultrasound office, then she will not be punished even in this way.

For theft of property, personal interest, leakage of personal information, evidence is needed, evidence from a PC, from CCTV cameras. This procedure is a matter of litigation, which lasts more than six months. Of course, when it comes to prosecution and incarceration, the chances of a mother-to-be for a serene career are nil. So you shouldn't risk it. And what future woman in labor will behave "not according to the norms of the law" when she knows that an innocent child will pay for her mother's mistakes?

Can a pregnant woman be fired? How should you act to protect your rights?

A common situation is that the employer persuades a pregnant woman to quit her job of her own free will (by agreement of the parties). What should be done in this case? It is important for a pregnant woman to be patient and do yoga and looking for like-minded people. But, in no case should you write a statement!

It happens that psychological comfort for the expectant mother is more important than the search for the truth. If suddenly a woman signed a paper of her will, then she has the right to withdraw her application within 2 weeks.

She quit her job and found out she was pregnant, no payments?

Only you need to do this in writing, registering a duplicate form with the secretary-clerk.

If suddenly “without five minutes a woman in labor” was dismissed under Article 77 of the Labor Code, then only a competent court can restore her in her workplace. In the courthouse, a pregnant woman can easily prove that she was forced, forced, provoked to such a decisive action. The judge would rather be on the side of a person who is still vulnerable than on the side of a stupid and calculating owner.

Thanks to the efforts of lawmakers, the threats of a stupid employer are not destined to come true. Any pregnant woman has the right to contact the labor inspectorate or the prosecutor's office. This will be fraught with unscheduled verification of the activities of the owner of the company. And there they will find so many violations that they will not seem a little!

Problem

Good day!

I have a question:

6 weeks ago, she quit her job at her own request, and a week after the quit she found out that she was pregnant. I do not plan to get a job. At what point do you need to submit documents for FSS payments and what documents are needed for this? How to do it correctly?

Decision

Hello Irina!

If you resigned of your own free will, then, accordingly, not on the initiative of the employer, which means that there is no way to legally demand that you be reinstated at work.

And therefore, as not working, you will receive all social security benefits at the place of residence:

1. Lump sum for the birth of a child

2. Monthly allowance for caring for a child up to one and a half years

Order of the Ministry of Health and Social Development of the Russian Federation No. 1012n dated 23.12.2009

The deadlines for submission of documents are as follows, but it is better to submit all the same on time, the child was born immediately documents for a one-time birth and childcare allowance up to one and a half years, which will be paid from the first birthday of the child, tk. you are unemployed and you are not entitled to leave from the BIR.

Maternity allowance, lump-sum allowance for women registered in medical institutions in the early stages of pregnancy, lump-sum allowance for the birth of a child, monthly allowance for childcare, lump-sum allowance for transferring a child to foster care, one-time allowance for a pregnant wife of a military serviceman, conscript, and a monthly child allowance for conscripts are assigned, if they were followed no later than six months, respectively, from the date of the end of the maternity leave, from the date of the child's birth, from the day the child reaches the age of one and a half years, from the date of the entry into force of the court decision on adoption (from the date of the adoption by the guardianship and guardianship authority decisions on the establishment of guardianship (guardianship), from the date of the conclusion of an agreement on the transfer of the child to foster care), from the date of completion of military service by conscript.

At the same time, the monthly childcare allowance and a monthly allowance for a child of a conscript military serviceman is paid for the entire period during which the person caring for the child was entitled to the payment of the allowance, in the amount provided for by the legislation of the Russian Federation for the relevant period.

When persons subject to compulsory social insurance in case of temporary disability and in connection with maternity apply for maternity benefits, monthly childcare benefits after the expiration of a six-month period of applying for them, the decision on granting benefits is made by the territorial body of the Social Insurance Fund of the Russian Federation if there are valid reasons for missing the deadline for applying for benefits, determined by Order of the Ministry of Health and Social Development of the Russian Federation of January 31, 2007 N 74 "On approval of the List of valid reasons for missing the deadline for applying for benefits for temporary disability, for pregnancy and childbirth" (registered by the Ministry Justice of the Russian Federation March 5, 2007 N 9019) as amended by Order of the Ministry of Health and Social Development of the Russian Federation of October 5, 2009 N 813n (registered by the Ministry of Justice of the Russian Federation on October 26 i 2009 N 15107).

The size for 2015 will be indexed, while I present to you the amount of benefits for 2014, benefits will be paid to you at the minimum amount established by the state

http://taktaktak.org/blog/posts/2014/06/11678/Calculation of maternity benefits in 2014 and their amounts

Decision

Hello Irina,

You are eligible for Lump-sum Birth Benefit

At the birth of a child, one of the parents receives a lump sum at the birth of a child. (on the basis of Articles 11, 12 of the Federal Law "On State Benefits to Citizens with Children" dated May 19, 1995). When twins are born, the allowance will be paid for each baby.

This allowance is paid at the place of work (service or study) of one of the parents. In that case, if both parents of the child do not work anywhere, for the manual you can come to social protection authority at the place of residence where the child will be registered.

You can apply for benefits immediately after issuing a baby's birth certificate, but no later than 6 months from the date of the child's birth (Article 17.2 of the Federal Law “On State Benefits to Citizens with Children”). The payment of benefits must be made no later than 10 days from the date of submission of all the necessary documents (Article 25 of the Decree of the Government of the Russian Federation "On approval of the Regulation on the appointment and payment of state benefits to citizens with children" dated December 30, 2006).

What documents are required:

application for the appointment of benefits,

birth certificate of a child,

a certificate of the birth of a child, issued by the registry office,

a certificate from the place of work (service or study) of the other parent of the child that this allowance was not paid to him. If both parents are not currently working, then additionally an extract from the work book is submitted, military ID or other document about the last place of work (service, study).

Additional payments:

In addition to the state, there are regional payments for the birth of a child. The amounts of these payments vary by region. For registration of regional benefits, you need to contact the bodies of social protection of the population.

If the parents are less than 30 years old, then they are additionally assigned a one-time child benefit:

for the first child - in the amount of 5 minimum wages, for the second - in the amount of 7 minimum wages, for the third and subsequent - in the amount of 10 minimum wages.

Monthly allowance for caring for a child up to one and a half years paid and is 40% of average earnings, but not less than the minimum size and not more than the maximum.

If a the same both parents don't work, then they can contact the social security authorities to apply for a benefit.

There are 3 types of age allowances.

1. Caring for a child up to 1.5 years old, if both parents do not work, then they are issued in social protection and in the total version it turns out 2200 -2400, depending on the region. (In St. Petersburg, about 2,453 rubles). When applying for the appointment of a monthly child support after six months from the month of birth of the child, the monthly allowance is assigned and paid for the elapsed time, but not more than six months before the month in which the application for the appointment of this benefit is submitted with all the necessary documents.

2. Benefits from 1.5 to 3 years old they are also issued in social security, if both spouses do not work and their size is about 500 rubles.

3. Benefits from 3 to 14 years old, now their amount is about 250 rubles, also depending on the region.

For registration of the manual you need to provide the following documents:

1. Passports of parents.

2. Birth (adoption) certificate of the child being cared for, and a copy thereof.

3. Certificate of birth (adoption, death) of the previous child and its copy.

4. Employment record of the applicant and a copy of the record of the last place of work.

5. Certificate from the employment service about non-receipt of unemployment benefits

6. Certificate from the place of work, service, study of the second parent stating that he does not use the specified leave and does not receive benefits.

7. Certificate from the body of social protection of the population at the place of residence of the second parent in cases where he is registered at the place of residence outside the district.

And if you do not work and your husband does not work, then in social protection at the place of residence, and if you are not married, then you will all receive benefits at the place of residence in social protection.

Good day! An employee worked for us and quit on 05/30/2013 of her own free will. Today I brought a certificate from a gynecologist dated 09/23/2013 that she is pregnant and she is 18-19 weeks old.

She states that at the time of her dismissal on 05/30/13 (although she herself did not know about this) she was pregnant and asks her to reinstate her at work.

In her words: the fact that she quit voluntarily, she was asked by the beginning. to quit the shop because she often asked for time off. In fact, on the eve of her dismissal, in 2 weeks she skipped 1 day (they did not draw up documents for absenteeism), she was forgiven for 1 day of truancy and the head of the shop said that next time she would be fired under the article, but she skipped again and she started. shop said to write a letter of resignation for s / w., which she did.

The question is: what to do in this case, should we restore it at work?

Answer

In accordance with the first part of Article 261 of the Labor Code of the Russian Federation, the dismissal of pregnant women at the initiative of the employer is prohibited. However, in this case, the information about the employee's pregnancy was not known to either the employer or the employee. The current legislation does not provide for the employer's obligation to reinstate workers who find out about their pregnancy, even if they were already pregnant while working. Thus, the requirement of an employee to reinstate herself at work in connection with pregnancy is not based on the rule of law. For such reasons, the worker may not be reinstated at work.

However, a different situation is emerging with the facts of her dismissal. According to clause 3 of part one of article 77 and part one of article 80 of the Labor Code of the Russian Federation, an employee has the right to quit on his own initiative. Based on the totality of these provisions, the employee's desire to dismiss must be voluntary. It is not allowed to force an employee to terminate the dismissal procedure of his own free will. This is indicated in subparagraph "a" of paragraph 22 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 No. 2 "On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation." Given these facts, the instruction of the head of the shop to the employee about the need to write a dismissal of her own free will, even in connection with absenteeism, is illegal. Since, when an employee is absent, he can be fired due to a disciplinary offense (absenteeism). The employee's obligation to write dismissals of his own free will in such a case does not arise.

Thus, in case of confirmation of the fact of coercion of the employee to dismiss of his own free will, he will be reinstated at work.

However, it should be noted that the obligation to prove the coercion to dismiss lies with the employee. If he is unable to provide evidence of coercion (witness testimony, official correspondence, audio or video recording of the conversation, etc.), then it will be considered that the employee expressed a desire to quit voluntarily and the dismissal was made lawfully. This conclusion is confirmed by judicial practice (Labor disputes: The employer fired an employee who claims that the application was written under pressure).

Important: the employee has the right to go to court with a claim for reinstatement at work within a month from the date of dismissal. If the employee has not done this, then the deadline for applying for judicial protection has already been missed. The court can restore this period, but if the employee has valid reasons (long-term incapacity for work, etc.)

Details in the materials of the System:

Situation: Is the employer obliged to reinstate an employee who found out about her pregnancy on vacation with subsequent dismissal.

Labor disputes: An employer fired an employee who claims the application was written under duress.

The employee must provide evidence that the employer forced him to write a letter of resignation of his own free will. If evidence of such pressure from the employer is not presented, then there are no grounds to consider the dismissal unlawful. Evidence can be: testimony, official correspondence, audio recording of a conversation, etc.